On July 1, 2016, the Supreme Court of Ohio handed down a merit decision in Deutsche Bank Natl. Trust Co. v. Holden, 2016-Ohio-4603. In a unanimous opinion written by Justice O’Donnell, in which Justice French concurred in judgment only, the court held that Deutsche Bank had standing to pursue the foreclosure action in this
Foreclosure
What’s On Their Minds: Once Again, Standing in Foreclosure Cases. Note and Mortgage or Note or Mortgage at Time of Filing? Deutsche Bank National Trust Company as Trustee v. Glenn E. Holden et al.
Update: On July 1, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
“Isn’t it a fact that the Bank does have an injury from the property taxes and insurance that they advanced under the mortgage alone?” Justice O’Neill, to counsel for the homeowners.
On January…
Oral Argument Preview: Once Again, Standing in Foreclosure Cases. Note and Mortgage or Note or Mortgage at Time of Filing? Deutsche Bank National Trust Company as Trustee v. Glenn E. Holden et al.
Update: On July 1, 2016, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read the analysis of the argument in this case here.
On January 27, 2016, the Supreme Court of Ohio will hear oral argument in the case of Deutsche Bank National Trust Company as…
What’s on Their Minds: Pleading Requirements in Foreclosure Cases. To Attach or to Allege, that is the Question. Wells Fargo Bank, N.A. v. Brian T. Horn, et al.
Update: On April 22, 2015, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
On January 14, 2015, the Supreme Court of Ohio heard oral argument in the case of Wells Fargo Bank, N.A. v. Brian T. Horn, et. al., 2013-1534. The issue in this case…
Oral Argument Preview: More Procedural Issues on Standing in Foreclosure Cases. Wells Fargo Bank, N.A. v. Brian T. Horn, et al.
Update: On April 22, 2015, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
Read an analysis of the oral argument here.
On January 14, 2015, the Supreme Court of Ohio will hear oral argument in the case of Wells Fargo Bank, N.A. v. Brian T. Horn…
What Happened on Remand: Jones v. Centex Homes. Tort Duty to Build Home in Workmanlike Manner. Case Settled.
Case Background
Paul Jones and Latosha Sanders bought a new house from Centex Homes. After they moved in, they found that their electronic equipment didn’t work right. They alleged that the reason was because metal joists in the house were magnetized. Another couple, Eric and Ginger Estep, brought a lawsuit against Centex with identical issues.…
Merit Decision: Standing and Subject Matter Jurisdiction. A Field Day for Civil Procedure Geeks. Bank of Am., N.A. v. Kuchta
On October 8, 2014, the Supreme Court of Ohio handed down a merit decision in Bank of Am., N.A. v. Kuchta, 2014-Ohio-4275. In a 5-2 opinion written by Chief Justice O’Connor, for herself and Justices Lanzinger, O’Donnell, French, and Kennedy, the court answered the following certified conflict question in the negative:
“When a defendant…
What’s on their Minds: Some Post Schwartzwald Foreclosure Standing Stuff. Bank of America v. Kuchta.
Update: On October 8, 2014, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.
On January 8, 2014, the Supreme Court of Ohio heard oral argument in the case of Bank of American, N.A. v. George M. Kuchta, et al., 2013-0304. At issue in this case…
Merit Decision: Court Smacks Freddie Mac in Home Foreclosure Case. Federal Home Loan Mortgage Corp. v. Schwartzwald.
On October 31, 2012, the Supreme Court of Ohio handed down a merit decision in Federal Home Loan Mortgage Corp. v. Schwartzwald, 2012-Ohio-5017. The case was argued April 4, 2012. The Court accepted the case on conflict certification, to resolve a split among the First, Second, and Eighth appellate districts, and on discretionary appeal on…
Merit Decision: “Due Process Means More than the Easiest and Cheapest Way.” PHH Mtge. Corp. v. Prater.
On September 6, 2012, the Supreme Court of Ohio handed down a merit decision in PHH Mtge. Corp. v. Prater, 2012-Ohio-3931. In a unanimous opinion authored by Justice Stratton, the Court held that when a party’s address is known or easily discovered, notice to a party with an interest in a foreclosure action by…